Ex Parte MCDONALD et al - Page 2




                    Appeal No. 2001-0117                                                                                                                                  
                    Application No. 08/757,173                                                                                                                            


                                                                           References                                                                                     
                              The Examiner does not rely on any references.                                                                                               
                                                                  Rejections at Issue                                                                                     
                              Claims 2, 7, 18, 20, 22 and 24 stand rejected under                                                                                         
                    35 U.S.C. § 112, second paragraph.1                                                                                                                   
                              Rather than repeat the arguments of Appellants or the                                                                                       
                    Examiner, we make reference to the brief and answer for the                                                                                           
                    respective details thereof.                                                                                                                           
                                                                              OPINION                                                                                     
                              With full consideration being given the subject matter on                                                                                   
                    appeal, the Examiner's rejection and arguments of Appellant and                                                                                       
                    the Examiner, for the reasons stated infra, we affirm the                                                                                             
                    Examiner's rejection of claims 2, 7, 18, 20, 22 and 24.                                                                                               
                              Appellants have not made any arguments as to the rejection                                                                                  
                    of claims 2, 18, 20, 22 and 24 under 35 U.S.C. § 112, second                                                                                          
                    paragraph.  The Examiner argues that claim 2 is indefinite                                                                                            
                    because a phase of a frequency spectrum cannot be identical to a                                                                                      
                    frequency spectrum and claims 7, 18, 20, 22 and 24 are indefinite                                                                                     
                    because they are dependent on canceled claims.  See page 3 of the                                                                                     


                              1 The Examiner has withdrawn the rejection of claims 1, 2, 7                                                                                
                    through 16 and 18 through 25 under 35 U.S.C. § 102 as being                                                                                           
                    anticipated by Orris.  See page 1 of the answer.                                                                                                      
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